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First, let’s recognize that nursing homes are needed in our society, and the functions they serve is important for the health and care of our population aged.
Their work is not easy. Even the best of Nursing, those with the cleanest rooms and most committed staff, have problems. Anyone who has visited a nursing home will finally feel a sense of doom, as many patients die, mainly due to natural causes associated with old age. Most Assistants usually leave the facility within a year because of the type of work they do is both physically and psychologically draining.
There are so many federal and state laws and regulations on the nursing home it is almost impossible for them to work without committing any offense. Minor violations are not a reason to sue the nursing home. It is only when the violation causes actual harm to the patient should be considered a lawsuit. A lawsuit should be focused on forcing nursing both correct the problem to protect other patients and to compensate the victim for any s / he suffered.
Nursing abuse usually occurs due to lack of staff or neglect at the hands of incompetent nursing assistant. When one employee is assigned to twenty patients, the needs of the patient are not met. There are simply too many tasks to perform and not enough staff. This situation is not the fault of the nursing assistants; but it is the fault of the owner’s facility that is putting corporate profits before patient care.
When litigating the case of elder abuse or neglect, the attorney will gather all the medical records from the nursing home and then review each document with a fine tooth comb to find any clue that shows all types negligence that contributed to the injury.
Neglect often occurs due to unannounced nursing assistant. Ultimately, it is just plain laziness.
In one case, an elderly patient leg had been broken and was only discovered three days later when the family came to visit and saw very disjointed foot.
A transfer of small daily progress notes prepared by the nursing assistant assigned to the patient. Amazingly, on the day the patient was a broken leg, and while she was in the hospital undergoing surgery to repair his leg, a nursing assistant wrote that the patient was nursing her bed, eating well and in no discomfort!
These are the types of cases that warrant litigation against nursing homes for elder abuse or neglect. In California, the law provides significant resources for victims. When it is possible to show by clear and convincing evidence that a nursing home acted with fraud, malice, oppression or negligence, then PUNITIVE DAMAGES can be included in the jury verdict.
minor offenses can be dealt with by contacting the long-term care ombudsman or other government agency that oversees complaints against nursing homes. Serious violations should be reviewed with senior law attorney who can represent the patient and seek appropriate remedies to improve the customer and protect other patients.
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